1999SCMR2486 (PLP)
AHBAB COOPERATIVE HOUSING SOCIETY LTD. LAHORE — Petitioner Versus NAZIR AHMED and 11 others — Respondents
| Citation | 1999SCMR2486 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed and Munir A. Sheikh, JJ |
| Parties | AHBAB COOPERATIVE HOUSING SOCIETY LTD. LAHORE — Petitioner Versus NAZIR AHMED and 11 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1999SCMR2486 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR2486 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed and Munir A. Sheikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR2486 (PLP) (AHBAB COOPERATIVE HOUSING SOCIETY LTD. LAHORE — Petitioner Versus NAZIR AHMED and 11 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- K.M.A. Samdani, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 29th December, 1998.
- ----Arts. 185(3)---Petitioner a Cooperative Housing Society, moved Authorities concerned for acquisition of land owned by respondents and respondents challenged said acquisition by filing Constitutional petition before High Court which stayed acquisition proceedings---During long summer vacation, Constitutional petition filed by respondent was fixed for hearing, but same was dismissed for non-prosecution---Petitioner Society, which remained unaware of dismissal of Constitutional petition, did not take any step towards fulfillment of its object of acquisition of land of respondent and installation of Housing Society---Subsequently when respondents came to know about dismissal of their Constitutional petition, moved application for its restoration and High Court accepting same, restored Constitutional petition on its original number on ground that same had been dismissed during summer vacations---Petitioner had assailed order of High Court in its petition for leave to appeal before Supreme Court---Validity---High Court rightly restored Constitutional petition of respondents because during summer vacation, civil matters could only be heard with consent of parties or their Advocates.
- 2. We have heard the learned counsel at length. We subscribe to the view of the matter taken by the learned Judge of the Lahore High Court inasmuch as it is well-known that during the summer vacation, civil matters can only be heard with the consent of the parties or their Advocates. In this view of the matter, we do not find any merit in this petition, and therefore, the same is hereby I dismissed and leave to appeal is refused.
Headnotes / Summary
(On appeal against the judgment/order dated 2-9-1998 of the Lahore High Court, Lahore in W.P. No.4665 of 1998).
Arts. 185(3)
Petitioner a Cooperative Housing Society, moved Authorities concerned for acquisition of land owned by respondents and respondents challenged said acquisition by filing Constitutional petition before High Court which stayed acquisition proceedings
During long summer vacation, Constitutional petition filed by respondent was fixed for hearing, but same was dismissed for non-prosecution
Petitioner Society, which remained unaware of dismissal of Constitutional petition, did not take any step towards fulfillment of its object of acquisition of land of respondent and installation of Housing Society
Subsequently when respondents came to know about dismissal of their Constitutional petition, moved application for its restoration and High Court accepting same, restored Constitutional petition on its original number on ground that same had been dismissed during summer vacations
Petitioner had assailed order of High Court in its petition for leave to appeal before Supreme Court
High Court rightly restored Constitutional petition of respondents because during summer vacation, civil matters could only be heard with consent of parties or their Advocates.
Judgment & Decree
SH. RIAZ AHMED, J.
The facts in brief giving rise to the' institution of this petition seeking leave to appeal against the order of the learned Judge of the Lahore High Court dated 6-8-1995 are as under:-- The petitioner, a cooperative housing society moved the authorities concerned for the acquisition of land owned by Nazir Ahmed and 11 others. The said acquisition was challenged by way of W.P. No.4665 of 1978. The Lahore High Court also stayed the acquisition proceedings. During the long summer vacations in 1995 the writ petition was fixed for hearing, but none appeared on behalf of the petitioner, and therefore, on 6-8-1995, the same was dismissed for non-prosecution. Strangely enough, the petitioner society also remained unaware and it seems it did not take any step towards the fulfilment of its object, i.e. acquisition of land and installation of a housing society. On 2-9-1998 the respondents, on having come to know about the dismissal of the writ petition, moved an application for its restoration. Vide orders impugned the writ petition was restored on its original number on the ground that the same had been dismissed during the vacation. The petitioner society has assailed the said order.
2. We have heard the learned counsel at length. We subscribe to the view of the matter taken by the learned Judge of the Lahore High Court inasmuch as it is well-known that during the summer vacation, civil matters can only be heard with the consent of the parties or their Advocates. In this view of the matter, we do not find any merit in this petition, and therefore, the same is hereby I dismissed and leave to appeal is refused. H.B.T./A-159/S Petition dismissed.